The State Of Arbitration Enforcement In Calif.

Law360, New York (April 18, 2014, 3:36 PM EDT) -- Inclusion of a mandatory pre-dispute arbitration clause in an adhesion agreement, which virtually includes all standardized contract forms used in the consumer, health care and employment context, has been an invitation for litigation with an uncertain or unpredictable outcome.

Historically, both federal and state courts in California could be expected to scrutinize the arbitration clause under California law for any indication of substantive and procedural unconscionability, or simply stated, for elements of surprise or unfairness to the weaker party — always the employee, consumer or patient....
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